1. This appeal is by the Plaintiffs against the dismissal of their suit brought under Section 92 of the Code of Civil Procedure.

2. Facts relevant for purposes of this appeal are as follows: The Plaintiffs' case is that they are members of the Muslim congregation of the mosque known as the "Masanganj Mosque" situated in circle No. 12/18, Nagpur. The origin of the wakf of the mosque and land surrounding it is lost in antiquity, but it is reputed that one Hakimabi alias Sikinabi daughter of Kolekhan or Kolekhan himself had constructed the mosque and made, a permanent dedication thereof and the land surrounding it for religious and charitable purposes.

Kolekhan was buried on the southern side of the mosque and his grave shown by letters TUVW on the plaint map still exists. The open land surrounding the mosque has always boon in possession of the mosque and was treated by all concerned as property attached to the mosque from time immemorial. The Defendants Nos. 1 and 2 wore managing the property in their capacity as (sic) wallis or trustees.

3. In or about the year 1927, Defendant No. 1 Bhondumiya took on permanent lease plot No. (sic) from the nazul in his capacity as mutawalli o